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(영문) 서울동부지방법원 2013.11.29 2013나3219

임금

Text

1. All appeals filed by the Defendant-Counterclaim Plaintiff and the Defendant-Counterclaim Claim filed in the trial are dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The relationship between the parties 1) Plaintiff A, B, C, E, F and net G (hereinafter “the deceased”).

A) A person employed or worked for the Defendant Company as a driver, and a Korean Automobile Workers’ Union (hereinafter referred to as the “instant trade union”) is a Korean Automobile Workers’ Union (hereinafter referred to as the “Korean Automobile Workers’ Union”).

) The deceased is a member of the Defendant Company (However, the deceased lost his status as a member upon retirement from the Defendant Company.

(2) After the judgment of the first instance court was rendered, the deceased died on March 14, 2013, and the inheritor has the Plaintiff I (3/5 shares in inheritance) and the Plaintiff J (2/5 shares in inheritance) as his/her wife. 2) The Defendant, as an employer organization, belongs to the Seoul Metropolitan Government Bus Transport Business Association (hereinafter “instant Business Association”).

B. Collective Agreement and Wage Agreement 1) A collective agreement between the instant industrial cooperative representing the employer and the instant trade union representing the employer, which was concluded and applied to the Defendant Company and the Plaintiffs, respectively (hereinafter “instant collective agreement”) or “agreement” in 2009, 2010, and 2011.

) The wage agreement with the Labor Agreement (hereinafter referred to as the “instant wage agreement”) or the “Agreement”;

) 중 주요한 내용은 다음과 같다. 위 협약과 협정은 협약 당해년 2월 1일부터 다음 해 1월 말까지를 시행기간으로 두었다. ▣ 이 사건 단체협약 1) 근로시간 근로시간은 주 40시간을 원칙으로 하되 공익운수사업의 특수사정에 의하여 주 52시간까지 연장할 수 있다

(2) Extensions, holidays, night work companies are entitled to extends, holidays, and night work in accordance with labor-management consultation (Article 9), 3) the work system is a two-day work system per day, 40 hours per week, based on the company's order to work on board, and the work is a one-day work and a one-day work holiday system per day per day per week in compliance with the company's order to work on board.

(Article 11 of the Convention). 4 Benefits system for employees.